Council of State rescinds HIV indemnity case

Fırat Alkaç – ISTANBUL

The Turkish Council of State has rescinded a local court judgement of 350,000 Turkish Liras in non-pecuniary costs paid to a family after one of its members died of HIV, which he contracted after receiving a blood transfusion from the Turkish Red Crescent.

Victim Ahmet Emin Bilgin, 52, was infected with HIV after a blood transfusion he received during a kidney transplant surgery at a private hospital in 2011.

Bilgin tested positive for HIV some four months after the operation and died three days later, as it was confirmed he had been infected with the virus through the blood transfused by the Red Crescent. In a lawsuit filed by Bilgin’s family against those responsible for the victim’s death, an Istanbul court fined the Health Ministry 350,000 liras for non-pecuniary damages to the family. After paying the fine, the ministry, however, appealed to the Council of State to rescind the ruling.  

The council rescinded the ruling, saying the ministry had no fault in the incident and it was the fault of the personnel who carried out the transfusion. The family would be faced with paying back the damages if the local court accepts the ruling.